g = Percent grade of roadway divided by 100. (6)Shall contain proof that the applicant is an owner. This area shall remain free of any obstructions which may interfere with a clear line of vision for entering or exiting vehicles. All curbing must be permanent curbing, as defined in 441.1 of this title (relating to definitions). (f)Site requirements. Although driveway opening on to State highway was established prior to promulgation of the regulations, the regulation could be applied retroactively to reasonably limit ingress and egress since property is held subject to valid police power regulations made, and to be made, for the health and comfort of the people. Department of Transportation v. Longo, 510 A.2d 832 (Pa. Cmwlth. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. InspectorThe Departments authorized representative assigned to inspect permit operations. (2)The radii of internal curves shall be as large as possible to allow a direct movement from the highway into a proper position to obtain service or parking without any interference to other vehicles attempting the same maneuver. A roadway designed to criteria employs a horizontal and vertical alignment and a cross section that provides at least the minimum stopping sight distance through the entire facility. For PA Turnpike concerns click the link below or call these numbers. (5)The fines, imprisonment or other penalties as are provided by law. (a)General rule. Upon application duly made, in accordance with this chapter, a permit will be issued by the appropriate district office, subject to this chapter and the conditions contained on the permit and its attachments and supplements. (ii)A signed written statement, whereby the applicant agrees to indemnify and defend the Commonwealth (if requested) from all suits, damages, claims and demands of any type whatsoever by the fee title holder of the property because of granting the permit to the applicant, such as a failure of the permittee or other person to comply with the permit or any other statutes, ordinances or regulations in connection with the permit. Improved areaThe area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances. (5)Distance from each existing and proposed driveway to the following: (i)Nearest intersecting street, road, and highway. 641 Ferne Blvd , Drexel Hill, PA 19026-3110 is a single-family home listed for-sale at $549,900. A permit may not be required for maintenance. (f)Traffic control plan. measured by for department use only: distance required the maximum length of roadway alon (C)When the highway grade in the section to be used for acceleration after leaving the driveway descends at 3.05.0%, sight distance in the direction of approaching descending highway traffic may be reduced by a factor of 0.6. (h)Sight distance. The longitudinal slope of the sidewalk shall not exceed two inches per foot. (E)42 U.S.C. Waiver of design requirements shall be as follows: (1)If any design requirement set forth in this chapter cannot be met, the director may waive the requirement if the following conditions are satisfied: (i)no other reasonable access is available; (ii)the applicant has done all that can reasonably be done to satisfy the design requirements; (iii)if additional land is required, the applicant provides satisfactory evidence that it cannot be purchased at a reasonable price; (iv)no traffic problem will be created; and. (iv)When the sidewalk is directly against the back of the curb and the sidewalk is at least five feet wide, the curb shall be sloped as shown in Figure 5 of this subsection. For grades, follow the general recommendations of PennDOT Design (3)If, in the opinion of the Department, there is a high probability that vehicles would otherwise utilize a portion of the property frontage other than the approved driveway to gain access to the property, the permit may require curbing or other physical barriers to be constructed. Controlling the direction that has the best sight distance . (e)Number of driveways. (l)Penalty for falsifying application. Deceleration laneThe portion of the roadway adjoining the traveled way constructed for the purpose of enabling a vehicle that is exiting a roadway to slow to a safe speed after it has left the mainstream of traffic. B. The available corner sight distance on side roads is less than the necessary stopping sight-distance values . 8372 (December 31, 2022). VehicleEvery device in or by which any person or property is or may be transported or drawn upon a highway. Equipment damaging the highway shall conform with the following conditions: (i)To protect the pavement and shoulders, all equipment shall have rubber wheels or runners and shall have rubber, wood, or similar protective pads between the outriggers and the surface, unless otherwise authorized by the permit. (8)Equipment damaging highway. (d)When to submit applications. Spacing may be a concern if it could affect ISD as shown below. (b)Permit issued only to property owner. (A)When the highway grade in the section to be used for acceleration, after leaving the driveway, ascends at 3.05.0%, the sight distance in the direction of approaching ascending traffic may be increased by a factor of 1.4. 1991); appeal denied 604 A.2d 251 (Pa. 1992). (m)Newspaper or mail receptacles. Access driveways shall be permitted at locations in which: (1)Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. A driveway normally used by more than 750 vehicles but less than 1500 vehicles per day, which does not normally require traffic signalization, such as: (C)service stations and small shopping centers or plazas. Highway Occupancy Permit Related Forms. (4)Design features of existing and proposed driveways, curbs, tapers, acceleration, and deceleration lanes including the following: (ii)Driveway radii and other points of curvature. (D)When the road descends at greater than 5.0%, sight distance may be reduced by a factor of 0.5. (h)Sight distance. a left turn into a driveway. 1986); affirmed 518 A.2d 265 (Pa. 1986). PennDOT: Please refer to the driveway design requirements, sec on 441.8, page 441-25 of the Pennsylvania Code, Title 67, Transporta on, Chapter 441, . Recommend use of PennDOT standards for state highways. A violation of this chapter or the permit requirements shall constitute grounds for imposition of any or all of the following penalties: (1)Upon receipt of oral or written notice of a violation from the authorized representative of the Department or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform further work in the permitted area except to restore the area to a safe condition. OFFSET LEGAL SPEED LIMIT MEASURED BY DATE FOR. (e)Multiple driveways. (7)Shall, when submitted by an applicant other than a fee title holder, contain: (A)The fee title holder consents to the application. A driveway normally used by more than 1500 vehicles per day, which often requires traffic signalization, such as: (B)multi-building apartment or office complexes. This section cited in 67 Pa. Code 441.6 (relating to general conditions). 1986); affirmed 518 A.2d 265 (Pa. 1986). (3)Each application for an access driveway within one of these jurisdictions must be accompanied by evidence which indicates that the location and type of access being requested has been reviewed by that municipality or agency. 287) (73 P. S. 176182), concerning protection of the public health and safety by preventing excavation or demolition work from damaging underground utility facilities. Roadway construction standardsDepartment Publication No. Driveway design requirements. All traffic control devices shall be of an approved type. (a)General. (2)The design features described in this section and illustrated in the attendant figures are to be used by the applicant in designing the driveway plans which accompany the application. g = Percent grade of roadway divided by 100. (k)Access driveway pavement. (ii)Posted speeds shall be used unless operating speeds vary from the posted speed by more than ten miles per hour, in which case the Department may require that operating speeds be used. (ii)In the event that other than rubber equipped machinery is authorized for use, the pavement and shoulders shall be protected by the use of matting, wood, or other suitable protective material having a minimum thickness of four inches. (3)Where the highway is curbed, driveway approaches shall be installed 1 1/2 inches above the adjacent highway or gutter grade to maintain proper drainage. (B)If the driveway grade would exceed 8.0%, depress the outer edge of the sidewalk and maintain a maximum sidewalk cross slope of 6.0%. (3)Requests for removal of a median divisor will not be granted without the approval of the director. Auxiliary lanes shall consist of the following: (1)Acceleration and deceleration lanes. DepartmentThe Department of Transportation of the Commonwealth. See Figure 3. If it can reasonably be anticipated that there will be an increase in the flow of water onto the property of some other person as a result of action, authorized by the permit, a drainage release shall be submitted with the application. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. "PennDOT"), and _____, its agents and contractors (hereinafter referred to as the "APPLICANT"), WITNESSETH: WHEREAS, certain public highways have been adopted and taken over as part of the State highway system, to be constructed, improved, and maintained by the Commonwealth pursuant to the Act of June 1, 1945, P.L. The term includes special mobile equipment as defined in the Vehicle Code. Publication 68A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways. The Department will not grant or deny the permit application until 30 days after receipt of the written notice by the fee title holder. stopping sight distances should be used. driveway sight distance measurements (for local roads, use penndot pub 70) the maximum length of roadway along which a driver at a driveway location can continuously see another vehicle approaching on the roadway. Frontage widthThe distance along the right-of-way line in front of an abutting property. (3)Governmental authorities organized under the laws of this Commonwealth. (i)The driveway approaches shall be installed 1 1/2 inches above the adjacent roadway or the gutter grade to maintain proper drainage. DrivewayEvery entrance or exit used by vehicular traffic to or from properties abutting a highway. Materials used in the construction of driveways shall meet the requirements of Form 408. See Figure 6. 1 Measured from the point where a left-turning vehicle stops for a vehicle in the outside lane. If an auxiliary lane must be located in front of property of another person, the applicant shall be required to secure the approval of the other person or indemnify the Commonwealth against any action which the other person may bring against the Commonwealth. These regulations are made pursuant to the State Highway Law (36 P. S. 670-101670-1102), especially section 420 thereof (36 P. S. 670-420). The work shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the Department including, but not limited to, Form 408. DirectorThe director of the Departments Bureau of Highway Services. The Hidden Driveway Sign (W11-103) shall be authorized for use to denote the presence of a driveway or alley at which the sight distance is restricted. Easily sign the form with your finger. Sight distance is adequate to safely allow each permitted movement to be made into or out of the access driveway. PermitA highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter. Low, medium, and high volume driveways which provide access to paved highways shall be paved within the right-of-way. Please be as descriptive as possible on the details screen so we can share your feedback with the appropriate personnel. (6)Altering drainage prohibited. (9)Traffic protection and maintenance. (ii)The permit shall be located at the work site and shall be available for inspection by any police officer or representative of the Department. CurblineA line formed by the face of the existing curb or in its absence the outer edge of the shoulder, along which curbing is or may be located. (i)The permittee shall be responsible for causing compliance with all terms and conditions of the permit by its employes, agents, and contractors. (7)Disposition of materials. If an auxiliary lane must be located in front of property of another person, the applicant shall be required to secure the approval of the other person or indemnify the Commonwealth against any action which the other person may bring against the Commonwealth. The location of the pullover area should be based on reasonable sight distance. SetbackThe lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line. A description of each classification and typical examples of land uses normally associated with each follows: (i)Minimum use driveway, see Figure 7. Submission of the traffic control plan shall be as follows: (1)When the applicant anticipates that it will be necessary to close a portion of a lane to vehicular traffic in order to perform the permitted work, the applicant shall submit a traffic control plan with the application. Turning radiusThe radius of an arc which approximates the turning path of the exterior corner of a vehicle. BRIDLE PATH SIGN (W11-104) The Bridle Path Sign (W11-104) shall be authorized for use along roads where a number of horses normally walk beside or cross the roadway. This curb shall be placed in line with existing curb or two feet back of the shoulder or ditch line on uncurbed highways. Further work may not commence in the permitted area until the violation has been remedied. 441.2. Learn more 67 Pa. Code 441.8. SupplementAn amendment to a highway occupancy permit issued on Department Form M-945S. (iv)Relevant property lines and property lines extended to the roadway. The permit shall be binding upon the permittee, its agents, contractors, successors, and assigns. (iii)If work is stopped on a project for any reason, other than at the end of any normal work day, and any ditch or trench, in the opinion of the Department, remains open for an unreasonable period, the permittee, if so directed, shall refill the ditch or trench and work shall not be resumed until the permittee is prepared to proceed immediately with the work to its completion. (d)Safety requirements. Publication 43A Department publication, sometimes called Bulletin 43, containing requirements for the maintenance and protection of traffic on construction projects. The principal liability of the permittee to the Department shall not preclude the permittee or the Department from bringing any action against the permittees contractor, subcontractor, engineer, architect, or any other person. Ramps are intended to provide access from one roadway or roadway system to another with a minimum amount of conflict or interference from other traffic. (iv)If the permittee, after making an opening in the surface to place or repair a drainage facility or for any other purpose, fails to restore any portion of the right-of-way to conform with Department specifications upon notice from the Department to do so, the Department may perform the work and the permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. Figures 7 through 12 illustrate and supplement the minimum design requirements described in this chapter. (iii)The conditions, restrictions, and provisions of the permit. The permit will be the authority of the applicant to proceed with the work and will also serve as a receipt for the fees accompanying the application. (2) The free movement of normal highway traffic is not impaired. (5)Shall be submitted to the Department at least 30 days prior to the anticipated start of work. The permittee shall reimburse the Department for the costs within 30 days after receipt of the Departments invoice. (ix)The Department, in granting a permit, will waive none of its powers or rights to require the future change in operation, removal, relocation, or proper maintenance of any access within State highway right-of-way. (3)Applications for driveways providing access to drive-in-service developments shall, when requested, include information relative to the amount of storage provided between the service facility and the right-of-way, the number of service operations anticipated during peak periods, and the hours and days of operation. Materials used in the construction of driveways shall meet the requirements of Form 408. This will enable the driveway slope to stay within the 8.0% slope limit. (v)The permittee shall be principally liable to the Department for any failure to comply with the permit and this chapter. HighwayA highway or bridge on the system of State highways and bridges, including the entire width between right-of-way lines, over which the Department has assumed or has been legislatively given jurisdiction. Immediately preceding text appears at serial pages (62045) and (62046). (n)Shoulder upgrading. (c)Revocation procedure. Application for Minimum Use Driveway (or "Create Minimum Use Driveway Application" in EPS) 08-2022 . Issuance of a permit under these regulations does not relieve the permittee from any additional responsibility to secure other Federal, State, or local approvals or permits as may be required by law. Stopping sight distance The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver. The permittee shall, when requested by the Department, submit to the district office a certificate or certificates of insurance for public liability and property damage, in form and amount satisfactory to the Department, to cover any loss that may be incurred for or on account of any matter, cause, or thing arising out of the permitted construction. Driveways serving properties located adjacent to a highway intersection shall be subject to the following: (1) There shall be a minimum ten foot tangent distance between the intersecting highway radius and the radius of the first permitted driveway. (4)The Department will consider any comments or recommendations resulting from this review prior to approving the access permit. Median openings shall consist of the following: (1)The removal of a portion of median divisor along a divided highway to provide access to and from traffic in both directions will not be permitted unless it is determined that the operating characteristics of the highway system will be improved by such action. Sight distance is adequate to safely allow each . (iii)All excess material and material that is not suitable for backfill shall be removed and disposed of outside the right-of-way as the work progresses. Specific location restrictions shall include the following: (1)Access driveways may not be located at interchanges, ramp areas, or locations that would interfere with the placement and proper functioning of highway signs, signals, detectors, lighting or other devices that affect traffic control. 4772; amended August 3, 2018, effective August 4, 2018, 48 Pa.B. View more property details, sales history and Zestimate data on Zillow. 8372 (December 31, 2022). Meets 441 minimum safe stopping sight distance (Ch. Read Section 441.7 - General driveway requirements, 67 Pa. Code 441.7, see flags on bad law, and search Casetext's comprehensive legal database . CommonwealthThe Commonwealth of Pennsylvania. (B)When the highway grade ascends at greater than 5.0%, sight distance may be increased by a factor of 1.7. District officeAny of the 11 engineering district offices of the Department. (iv)If there is a failure of the highway, including slope or any other appurtenance thereto, in the area adjacent to the immediate area of the permitted work, which occurs more than 2 years after the completion of the permitted work, the permittee shall be responsible to make all temporary and permanent restoration if the permitted work was the proximate cause of the failure. A driveway normally used by not more than 25 vehicles per day, such as: (A)single family dwellings, duplex houses; or. (3)Regardless of frontage, a development may be restricted to a single entrance/exit driveway, served by an internal collector road separated from the traveled way. (d)Permits not issued for certain highways. (1)Normally, only one driveway will be permitted for a residential property and not more than two driveways will be permitted for a nonresidential property. FDM 11-10-5.1 when evaluating driveways and road/street connections for intersection sight distance(ISD) and vision corner requirements. (4)The area between the right-of-way line adjacent to and on both sides of a driveway shall be used as a clear zone to provide a physical barrier between the traveled way and activity on private property.